Circuit Rule 15-3: Procedures for Review Under the Pacific Northwest Electric Power Planning and Conservation Act

THE PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION ACT

15-3.1. Contents of Petition

A petition for review of a final action or decision of the Bonneville Power Administration (BPA) under the Pacific Northwest Electric Power Planning and Conservation Act (“Northwest Power Act”) shall be labeled “Petition for Review under the Northwest Power Act.” The petition must state on its face the date of the final action or decision from which review is sought, the title (if one exists), the BPA docket number (if one exists) and the Ninth Circuit docket numbers of any known petitions for review of the same final action or decision. (Rev. 7/1/13)

15-3.2. Consolidation

Petitions for review of the same final action or decision under the Northwest Power Act will be consolidated for briefing and argument. Respondent must file a motion to consolidate all petitions from the same final action or decision within 10 days after the expiration of the time to file petitions for review from that final action or decision unless all the petitions already have been consolidated by the Court or a motion to consolidate all the petitions is pending. Petitions from related final actions or decisions may be scheduled for hearing before a single panel. (Rev. 7/1/13)

15-3.3. Intervention

Any petitioner in any consolidated case and any party granted leave to intervene in any consolidated case will be deemed to have intervened in all the consolidated cases. Notwithstanding FRAP 15(d), motions to intervene may be filed within 30 days of the expiration of the time to file petitions for review from the final action or decision at issue. A motion to intervene must state on its face the date of the final action or decision from which review is sought, the title (if one exists), the BPA docket number (if one exists) and the Ninth Circuit docket numbers of any known petitions for review of the same final action or decision. (Rev. 7/1/13)

Circuit Advisory Committee Note to Rule 15-3

(New 7/1/13)

Parties are encouraged to minimize the number of motions to intervene that they file. A petitioner need not file a motion to intervene in petitions challenging the same BPA final action or decision that its petition challenges. A non-petitioner party seeking intervention may file a single motion to intervene – either in any one of the petitions from the final action or decision at issue or in the consolidated petition. The deadline set forth in FRAP 15(d) to file motions to intervene has been relaxed in these cases in order to make this possible.